DOBY v. SOUTH CAROLINA DEPT. OF CORRECTIONS

No. 86-7515.

802 F.2d 718 (1986)

Floyd M. DOBY, Jr., Appellee, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; Commissioner William Leeke; Warden George Martin; State of South Carolina; and the Attorney General of the State of South Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1986.


Attorney(s) appearing for the Case

Donald J. Zelenka, Chief Deputy Atty. Gen., Columbia, S.C., for appellant.

Stephen John Henry and John I. Mauldin, Greenville, S.C., for appellee.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.


SPROUSE, Circuit Judge:

The South Carolina Department of Corrections (the state) appeals from the district court's grant of a writ of habeas corpus to petitioner, Floyd M. Doby, Jr., a South Carolina prisoner. In an earlier habeas proceeding brought by Doby (Doby I), we ruled that the writ should issue unless South Carolina retried him. We concluded that Doby's Fourteenth Amendment right to due process was violated during his murder trial when the judge relied...

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